Appeal against bail granted in an NDPS case involving 2kg of poppy straw held not to be a commercial quantity, making Section 37 restrictions inapplicable.
Bailorder dated 11.04.2025 sustained; Bail Application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S. No. 7 Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
Bail App. No. 104/2025
UT of J&K through P/S Kulgam
…Appellant/Petitioner(s)
Through: Mr. Zahid Qais Noor, GA
Vs.
Mashooq Ahmad Hella
...Respondent(s)
Through: None
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R
10.12.2025
(VINOD CHATTERJI KOUL) JUDGE
SRINAGAR
10.12.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 11.12.2025 14.30
3 issues framed by the court
Whether bail should be denied under the strict mandatory provisions of Section 37 of the NDPS Act due to the recovery of poppy straw.
Whether the recovered quantity of 2 kilograms of poppy straw constitutes a 'Commercial Quantity' attracting the stringent bail regime.
Whether the impugned bail order passed by the Principal Sessions Judge should be set aside.
2 provisions across 2 enactments
UT of J&K through P/S Kulgam
Mashooq Ahmad Hella
VINOD CHATTERJI KOUL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
